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127 Public Square
Suite 4900
Cleveland, OH 44114, United States
Phone: 216.363.4500
Fax: 216.363.4588
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Transportation
  • Workers' Compensation
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • California
  • Delaware
  • Illinois
  • New York
  • Ohio
Other Countries
  • United States
Number of Attorneys
400+ Attorneys

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson… more

Appeals, Chevron Deference, Corporate Counsel, FCC, Hobbs Act

See all updates »

CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

See all updates »

AI Reporter - August 2025

The United States Senate’s 99-1 vote to lift a 10-year ban on state-level AI regulation marked a major shift in tech policy, challenging efforts by companies like OpenAI and Google to maintain uniform federal oversight. The… more

Artificial Intelligence, Data Security, Deep Fake, Ethics, FCC

See all updates »

AI Reporter - May 2024

The use of AI in the justice system and dispute resolution has become a significant topic of conversation. This suggests the first real legal limits on the technology may come from the courts instead of legislation. In one… more

Arbitration, Artificial Intelligence, Copyright, Dispute Resolution, Emerging Technologies

See all updates »

What the Future May Hold for Crypto Asset Litigation and Regulation

The Trump Administration has espoused—both on the campaign trail and in recent administrative actions—a strong interest in deregulating cryptocurrency laws and advancing the United States itself as a player in the cryptocurrency… more

Blockchain, Cryptoassets, Deregulation, Digital Assets, Howey

See all updates »

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts… more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

See all updates »

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

See all updates »

FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the… more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

See all updates »

Ohio Enacts Mini-WARN Statute

The Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”) requires covered employers to provide 60 days’ notice to employees in the event of a “plant closing” or “mass layoff.” Some states also have “mini-WARN”… more

Business Closures, Employer Responsibilities, Layoffs, Mini-Warn Acts, New Legislation

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SEC Proposed Rule-Making - Part I: SEC Proposal on Enhancement and Standardization of Climate-Related Disclosures

In sports, the rules of the game allow for consistent guidance in the face of ambiguity on a given call, as well as allow for comparison across teams, leagues, seasons, and years. SEC Chairman Gary Gensler made this analogy when… more

Climate Change, Comment Period, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions

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Delaware Amends DGCL Section 144 to Add Safe Harbors for Interested and Controlling Stockholder Transactions

On March 25, 2025, the governor of Delaware signed into law significant changes to Section 144 of the Delaware General Corporation Law (“DGCL”). The changes provide safe harbors to Boards of Directors and controlling… more

Acquisitions, Amended Legislation, Board of Directors, Controlling Stockholders, Corporate Governance

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Tracking Technology Trouble: Shah v. Capital One Deepens Legal Risk Under CCPA and CIPA

In Shah v. Capital One Financial Corporation, the Northern District of California handed down a ruling that may shape the trajectory of litigation involving tracking technologies, online privacy policies, and California’s… more

California Consumer Privacy Act (CCPA), Capital One, Class Action, Consent, Data Breach

See all updates »

What the Future May Hold for Crypto Asset Litigation and Regulation

The Trump Administration has espoused—both on the campaign trail and in recent administrative actions—a strong interest in deregulating cryptocurrency laws and advancing the United States itself as a player in the cryptocurrency… more

Blockchain, Cryptoassets, Deregulation, Digital Assets, Howey

See all updates »

Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts… more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

See all updates »

Eighth Circuit Cancels FTC’s “Click-to-Cancel” Rule

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC sidestepped… more

Administrative Procedure Act, Appeals, Cancellation Rights, Consumer Protection Laws, Disclosure Requirements

See all updates »

Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm… more

Business Development, Client Services, Law Practice Management

See all updates »

Recent Guidance from the EEOC Targets DEI. So How Should Employers React?

The Equal Employment Opportunity Commission (“EEOC”) and the Department of Justice (“DOJ”), two federal agencies responsible for policing discrimination in the workplace, recently issued informal guidance outlining what could… more

Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

See all updates »

Cannabis Securities Law Update: Shareholder Suit Based on Vague Descriptions Of Product Quality Dismissed as Mere Puffery

New York court dismisses securities fraud claim alleging that cannabis producer misrepresented that its product is “high-quality” despite shipment containing mold and rubber gloves. On May 15, 2020, Justice Barry R… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Dismissals, misre, Puffery

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English Language Enforcement - Changes coming to FMCSA rules for truck drivers

President Trump’s recent Executive Order (EO) on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” raised questions across the trucking industry and in the media. Many were left wondering whether there has… more

Commercial Truck Drivers, Department of Transportation (DOT), Enforcement, Executive Orders, FMCSA

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Controversial District Court Decision Vacating Nationwide Permit 12 and Disrupting Pipeline Industry Appealed to Ninth Circuit

Last week, on May 13, 2020, the Army Corps of Engineers (the “Corps”) and TC Energy filed notices of appeal with the United States Court of Appeals for the Ninth Circuit seeking an immediate stay of the Federal District Court’s… more

Appeals, Clean Water Act, Oil & Gas, Permits, Pipelines

See all updates »

Eighth Circuit Cancels FTC’s “Click-to-Cancel” Rule

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC sidestepped… more

Administrative Procedure Act, Appeals, Cancellation Rights, Consumer Protection Laws, Disclosure Requirements

See all updates »

CMS Announces a Second Preview Period for the October 2024 SNF Preview Reports

On September 19, 2024, CMS announced a second preview period for the October 2024 SNF Preview Reports (“Preview Reports”) following the identification of a technical glitch that prevented the posting of these reports for Swing… more

Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Information Reports, Medicare, Skilled Nursing Facility

See all updates »

FTC Announces Changes to HSR Thresholds and Fees

On January 26, 2023, the Federal Trade Commission (“FTC”) published in the Federal Register changes in the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”). The FTC updates these… more

Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Premerger Notifications

See all updates »

Trump-Inspired One Big Beautiful Bill Passes U.S. House

This week, the U.S. House of Representatives narrowly passed the "One Big Beautiful Bill Act," a sweeping Republican-led legislative package that slashes taxes, boosts border and defense spending, rolls back clean energy… more

Clean Energy, Education Reform, Energy Policy, Environmental Policies, Renewable Energy

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Update: Insulet Corp.’s Trade Secrets Jury Award Reduced From $452 Million to $59.4 Million to Avoid Double Recovery

Following a recent trend to reduce large damages awards in trade secret misappropriation cases, a federal judge in Massachusetts cut Insulet Corp.’s damages award from $452 million to $59.4 million to avoid impermissible double… more

Business Litigation, Damages, Defend Trade Secrets Act (DTSA), Injunctive Relief, Intellectual Property Litigation

See all updates »

White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate… more

Bribery, College Athletes, Colleges, Compliance, Corruption

See all updates »

InterConnect Newsletter - Q1 2025

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead - The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long… more

Air Carriers, Artificial Intelligence, Background Checks, Credit Checks, Criminal Background Checks

See all updates »

Updates to Ohio State Dental Board’s Position Statement on Treatment of Sleep-Disordered Breathing

Summary The Ohio State Dental Board (the “Board”) recently updated its position statement, “Role of the Dentist in the Treatment of Sleep-disordered Breathing.”… more

Best Practices, Dentists, Health Care Providers, Healthcare, Medical Devices

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COVID-19 Revenue Protection Plan - Protecting Your Cash Flow During a Pandemic

COVID-19 is straining cash flow to a historical extent. When every dollar counts more than ever, you should take steps to protect your business at each stage of its relationships with customers, clients, and business… more

Business Continuity Plans, Coronavirus/COVID-19, State of Emergency

See all updates »

Dental/DSO Intelligence Monthly Report: July 2025

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those outside… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Corporate Practice of Dentistry, Data Management, Data Privacy

See all updates »

Texas Joins Growing State-by-State AI Regulation in Enacting Comprehensive AI System Law

The broad applicability of Texas’s comprehensive artificial intelligence legislation and upcoming effective date will require developers and deployers of AI systems to act quickly in ensuring compliance… more

AI Act, Artificial Intelligence, Consumer Privacy Rights, Covered Entities, Disclosure Requirements

See all updates »

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific Uncertainly May Violate the First Amendment

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65… more

Constitutional Challenges, First Amendment, Food Labeling, Food Manufacturers, Preliminary Injunctions

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CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

See all updates »

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is… more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

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Senator Brown Proposes Innovative Privacy Bill that Discards the Notice and Consent Regime

This past week, United States Senator Sherrod Brown proposed a draft data privacy bill aptly named the Data Accountability and Transparency Act of 2020 (DATA). The DATA seeks to restructure the current “consent” privacy paradigm… more

Consumer Privacy Rights, Data Privacy, Personal Data, Privacy Laws, Proposed Legislation

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FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the… more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

See all updates »

OCR Proposes Modification to HIPAA Security Rule

In late December 2024, the Office of Civil Rights at the U.S. Department of Health and Human Services (“OCR”) issued a notice of proposed rulemaking to modify the Security Standards to the Protection of Electronic Protected… more

Compliance, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Reciprocal Tariff Modification - What August 1 Trump Administration Changes Mean for Global Supply Chains

Supply chain and compliance professionals now have some clarity on the landed cost of imported goods and compliance obligations.  The White House announced a new Executive Order on the evening of July 31, 2025, that modifies… more

Customs and Border Protection, Enforcement Actions, EU, Executive Orders, Importers

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Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a… more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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Contractor Disruption Claims Driven by COVID-19

Introduction: COVID-19 Contractor Disruption Claims - When push comes to shove, and it has, how confident are you that your company will bring to bear the expertise and resources necessary to successfully pursue a valid… more

Business Interruption, Construction Contracts, Construction Industry, Contract Terms, Coronavirus/COVID-19

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White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue… more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

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AI Reporter - March 2024

As Benesch’s multidisciplinary AI Commission continues to stay abreast of AI-related developments and legal implications our clients should be aware of, we are proud to debut the firm’s AI Reporter: a monthly roundup of… more

Artificial Intelligence, Corporate Counsel, EU, Federal Trade Commission (FTC), Financial Services Industry

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Trump’s Emissions Rollback: What Motor Carriers & Private Fleets Must Know

President Trump took steps to dismantle California’s vehicle emissions standards on June 12, 2025, by signing three Congressional Review Act (“CRA”) resolutions revoking California’s waiver under the Clean Air Act. The waiver… more

Automotive Industry, CARB, Carbon Emissions, Clean Air Act, Congressional Review Act

See all updates »

A Survey of Recent Enforcement Actions, Trends & Priorities

The landscape of criminal prosecution of foreign bribery has shifted, and the second Trump administration has made its priorities clear; however, companies still have 950 million reasons and counting to strengthen their… more

Bribery, Compliance, Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions

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Spring Cleaning: FCC Modifies TCPA Regulations to Block “Likely” Illegal Text Messages and Considers Further Action On “Lead Generation Loophole”

On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking… more

Comment Period, Consent, FCC, Final Rules, Lead Generators

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Cannabis Industry Quarterly Update: Q2 2025

The Trump administration’s 2025 drug policy agenda omits cannabis rescheduling, despite earlier signals of support, instead prioritizing fentanyl, border security, and addiction treatment. This omission, coupled with a stalled… more

Biden Administration, Cannabis Products, DEA, Department of Justice (DOJ), Legislative Agendas

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DOJ and HHS Launch Joint False Claims Act Working Group: Heightened Enforcement Risk Ahead for Healthcare and Government-Funded Entities

The U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) have formed a new False Claims Act (FCA) Working Group, according to a joint announcement issued by DOJ on July 2, 2025… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Durable Medical Equipment, Enforcement Actions, Enforcement Priorities

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Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for… more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

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Status of Consular Services in KYIV

On March 3, 2022, the Department of Homeland Security (DHS) announced that Ukraine was designated for Temporary Protected Status (TPS). TPS may be provided to a country where there is: (1) ongoing armed conflict; (2)… more

Consulate, Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Foreign Nationals, Immigration Procedures

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CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

See all updates »

Updated Summary on Paycheck Protection Program (PPP) Round 2

On January 6, 2021, the SBA issued more detailed guidance on the implementation of Paycheck Protection Program (PPP) round 2. The biggest upshot from the SBA’s releases are that except for a limited set of changes (which are… more

CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus, Guidance Update

See all updates »

The Exception, Not the Rule: DOJ’s Updated Corporate Compliance Monitorship Guidance

On May 12, 2025, the United States Department of Justice’s Criminal Division published a series of memoranda outlining updated white-collar enforcement priorities… more

Compliance Monitoring, Corporate Misconduct, Corporate Monitoring, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo… more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

See all updates »

Omissions Regarding “Known Trends” in a 10-Q Report May Support a Securities Fraud Claim

If a public company fails to disclose in its quarterly or annual reports trends and uncertainties that it could reasonably expect to have a material impact on revenues, at least one significant federal court has held that the… more

Corporate Counsel, Disclosure Requirements, Form 10-Q, Material Disclosures, Publicly-Traded Companies

See all updates »

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly… more

Business Development, Data Management, Professional Development, Project Management

See all updates »

No Tax on Tips! What President Trump’s Promise May Mean for Your Business

If you’re a political nerd like me, you may have observed then-candidate and now President Donald J. Trump’s pledge to eliminate taxes on tips. In fact, he doubled down on this promise in his speech to Congress on March 4, 2025,… more

FICA Taxes, Restaurant Industry, Tax Credits, Taxation, Tip Credit

See all updates »

Investing in the Performance Materials & Plastics Industry Conference Thought Leader Wrap-Up

The 2025 conference gathered industry experts to discuss trends shaping the performance materials and plastics sector. Key themes included the growing role of automation and AI in addressing workforce challenges, the application… more

Artificial Intelligence, Automation Systems, Best Practices, Corporate Governance, Machine Learning

See all updates »

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson… more

Appeals, Chevron Deference, Corporate Counsel, FCC, Hobbs Act

See all updates »

The EU AI Act: Europe Takes the Lead to Regulate AI

To protect consumers from the potential dangers of artificial intelligence (AI), the European Parliament has approved draft legislation to regulate AI-powered technology. Once approved, the European Union (EU) AI Act (“Act”) is… more

Artificial Intelligence, EU, General Data Protection Regulation (GDPR), Proposed Legislation

See all updates »

AI Reporter - February 2025

January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Data Collection

See all updates »

Seeing Double: New York Fashion Workers Act Creates New Consent Requirements for Use of Generative AI Tools to Create Models’ Digital Replicas

In the fashion industry, control over image and likeness is a model’s currency. On June 19, New York imposed new consent requirements for the use of generative artificial intelligence (AI) tools that substantially replicate… more

Artificial Intelligence, Consent, Data Collection, Digital Assets, Employee Rights

See all updates »

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to illegally… more

Data Collection, E-Commerce, Electronic Communications, Internet Retailers, Invasion of Privacy

See all updates »

CMS Updates Guidance on Home Dialysis Services Provided in Nursing Homes

On March 22, 2023, the Centers for Medicare and Medicaid Services (“CMS”) issued revised Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home (Rev QSO-18-24-ESRD) to State Survey Agency Directors,… more

Centers for Medicare & Medicaid Services (CMS), Dialysis, Dialysis Providers, ESRD, Guidance Update

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Supreme Court Rejects Additional Burdens for Reverse Discrimination Plaintiffs

On June 5, 2025, the U.S. Supreme Court unanimously agreed that reverse discrimination plaintiffs are not required to produce additional evidence at the outset of their case to proceed with their claims. Ames v. Ohio Department… more

Ames v Ohio Department of Youth Services, Civil Rights Act, Employment Discrimination, Employment Litigation, Evidentiary Standards

See all updates »

Race to the Courthouse: Early Attempts to Block the FTC’s Non-Compete Ban Start Pouring In

Less than one day after the Federal Trade Commission (“FTC”) issued its Final Rule that would enact a nationwide ban on most non-competition agreements, at least two lawsuits have been filed against the FTC which seek to… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

Cannabis Consumption Lounges Are Legal in Illinois and Elsewhere, But Where Are They?

As states continue to legalize recreational cannabis, there is a growing demand among cannabis users for public venues where they can safely consume and enjoy cannabis products in a social setting. This has led to increased… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Marijuana, Marijuana Related Businesses

See all updates »

California Senate Bill 1103

California Senate Bill 1103 ("SB 1103") takes effect January 1, 2025 and will impact leases, amendments, and other lease modifications with respect to commercial property in California. In an effort to provide additional… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Effective Date

See all updates »

Congress Enacts New Protections for Pregnant and Nursing Workers

Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA), both of which create new legal rights and remedies for… more

Americans with Disabilities Act (ADA), Breastfeeding, Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

New Final Rules for Telemedicine Prescribing: Extending Telemedicine Flexibilities and What Substance Use Disorder (SUD) Treatment Providers Need to Know

The Drug Enforcement Administration (DEA), together with the U.S. Department of Health and Human Services (HHS) published two final rules covering the prescription of controlled substances via telemedicine in limited contexts on… more

Controlled Substances, DEA, Department of Health and Human Services (HHS), Final Rules, Prescription Drugs

See all updates »

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de novo… more

Acquisitions, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Compliance, Cyber Attacks

See all updates »

How to Prepare for Unannounced Administrative Site Visits

As part of ongoing efforts to ensure the integrity of the immigration benefit process, the Fraud Detection and National Security Directorate (FDNS) operates an Administrative Site Visit and Verification Program (ASVVP)… more

Foreign Workers, Fraud, Government Agencies, H-1B, Immigration Procedures

See all updates »

InterConnect Newsletter - Spring 2023

In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to… more

Biometric Information, Congressional Investigations & Hearings, Customs, Customs and Border Protection, Logistics

See all updates »

Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly… more

Business Development, Data Management, Professional Development, Project Management

See all updates »

Paycheck Protection Program (“PPP”) Loan Fraud: A Survey & Analysis of Recent Civil & Criminal Enforcement Outcomes

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or around March 2020 designed to provide emergency financial assistance to the millions of Americans who were suffering the economic… more

Biden Administration, CARES Act, Coronavirus/COVID-19, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on… more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

See all updates »

Duty-Free Customs De Minimis Erosion - Executive Order and Big Beautiful Bill Impacts

This bulletin was originally published on July 11, 2025. It has been updated to reflect changes from an Executive Order published by the White House on July 30, 2025, titled "Suspending Duty-Free De Minimis Treatment for All… more

Customs, Customs and Border Protection, De Minimus Doctrine, Duty Free, Enforcement Actions

See all updates »

Ohio’s 2024 Lame Duck Session: Highlights and Missed Opportunities

The Ohio General Assembly operates on two-year terms, and when lawmakers adjourned around 2 a.m. on Dec. 19, any bill not on its way to Gov. Mike DeWine’s desk effectively died. This session saw contentious debates and… more

Broadband, Colleges, Death Penalty, Diversity, Education Reform

See all updates »

Fee-Fallin’: Why “Tariff Fees” Are Not A Quick Fix to Offset New Costs

In the wake of the Trump administration’s newly-imposed tariffs, many retailers are facing significant unanticipated cost increases across their supply chains, from raw materials, to manufacturing, to transporting goods… more

Business Strategies, Disclosure Requirements, Fees, Retailers, State Attorneys General

See all updates »

Compliance and Self-Disclosure of Misconduct Must be Top Priorities for Corporate Organizations, According to New Guidance from the Department of Justice

On May 12, 2025, Assistant Attorney General Matthew R. Galeotti, head of the U.S. Department of Justice’s Criminal Division, issued a new policy memorandum entitled “Focus, Fairness, and Efficiency in the Fight Against… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Enforcement Priorities, Foreign Corrupt Practices Act (FCPA)

See all updates »

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

See all updates »

CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

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CMS Proposes Overhaul of Skin Substitute Reimbursement Policy Beginning January 2026 - Implications for Providers, Manufacturers, and Payers in Both Outpatient and Physician Office Settings

On July 16, 2025, the U.S. Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS) published its CY 2026 Medicare Physician Fee Schedule (PFS) Proposed Rule, which includes a sweeping… more

Biologics, Centers for Medicare & Medicaid Services (CMS), Comment Period, Food and Drug Administration (FDA), Health Care Providers

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Ohio Senate Deliberates Ban on Noncompete Agreements for All Employees

Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio. Ohio Senate Bill 11 would prohibit any restriction on an employee’s or independent contractor’s ability to:… more

Contract Terms, Employment Contract, Independent Contractors, Non-Compete Agreements, Proposed Legislation

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OSHA to Increase Inspections in the Warehousing, Transportation and Healthcare Industries

The Occupational Safety and Health Administration (OSHA) recently updated the industries it will focus on, increasing the likelihood of on-site inspections for employers in the warehousing, transportation, and healthcare… more

Corporate Counsel, Employer Responsibilities, Enforcement Priorities, Healthcare Facilities, New Guidance

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Sneak Peek into the Trump 2.0 Administration Immigration Landscape

President-elect Donald Trump has vowed “to carry out the largest domestic deportation operation in American history”, promising to declare a national emergency and deploy the military for enforcement. Building on the policies of… more

Citizenship, DACA, Deportation, EB-1, H-1B

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Password Protection Made Easy

You hear it time and time again. You need complicated passwords to protect your personal/private information. You may think that you don’t have that much private information, but, then again, consider the number of credit… more

Authentication, Data Protection, Passwords, Virtual Private Networks, Wi-Fi Hotspot

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Landmarks Newsletter - Summer 2019

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for… more

Blockchain, Capital Formation, Closing Documents, Commercial Real Estate Market, Consent

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Competitive Bidding Thresholds for Some Ohio Public Authorities Increasing October 3, 2023

In its 2023 budget bill, H.B. 33, the Ohio Legislature modified several provisions of the Ohio Revised Code that establish dollar thresholds for when certain public authorities must competitively bid for certain goods and… more

Amended Legislation, Competitive Bidding, Construction Industry, Construction Project, New Legislation

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Know Your Arbitration Clause: What Remains of State Arbitration Statutes under the Ever-Growing FAA

Arbitration is a prevalent method for dispute resolution, and most contracts include an arbitration clause. A recent Ohio Eighth District Court of Appeals decision emphasizes the importance of careful drafting and picking the… more

Arbitration, Contract Terms, Federal Arbitration Act

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Benesch Law Ops - March 2018

It’s an overwhelmingly data-rich world we live in, but the key to any successful meeting, presentation or business opportunity is get to the useful data that can help you prepare properly… more

Business Development, Data Management, Professional Development, Project Management

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With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and Attention Shifts to the States

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023… more

Amended Rules, Discovery, Evidence, Expert Testimony, Federal Rules of Evidence

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AI Reporter - June 2024

In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress may… more

Actors, Artificial Intelligence, Artists, Class Action, Copyright

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CMS Releases Ownership Information for Hospices and Home Health

On Thursday, April 20, 2023, the U.S. Department of Health and Human Services (HHS) released ownership data for all Medicare-certified hospice and home health agencies on the Centers for Medicare & Medicaid Services (CMS)… more

Centers for Medicare & Medicaid Services (CMS), Data-Sharing, Department of Health and Human Services (HHS), Health Care Providers, Home Health Agencies

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Ohio Senate Deliberates Ban on Noncompete Agreements for All Employees

Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio. Ohio Senate Bill 11 would prohibit any restriction on an employee’s or independent contractor’s ability to:… more

Contract Terms, Employment Contract, Independent Contractors, Non-Compete Agreements, Proposed Legislation

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Starbucks Union Dispute Reaches Supreme Court

On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees… more

Appeals, Elon Musk, Employer Liability Issues, Employment Discrimination, Employment Litigation

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NLRB’s General Counsel Declares “Stay-or-Pay” Provisions Unlawful, Employers Given 60 Days to Comply (Deadline: December 6, 2024)

The top prosecutor for the National Labor Relations Board (the “NLRB”) warned employers that they have 60 days to redo or eliminate contracts containing “stay-or-pay” provisions, which require employees to continue working or… more

Compliance, Compliance Dates, Contract Terms, Employer Liability Issues, NLRA

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OIG Refreshes General Compliance Program Guidance for Health Care Industry Stakeholders

On Nov. 6, 2023, the Department of Health and Human Services (“HHS”) Office of Inspector General (the “OIG”) issued its General Compliance Program Guidance User’s Guide (“GCPG”), a health care compliance program tool for health… more

Chief Compliance Officers, Compliance, Compliance Monitoring, Department of Health and Human Services (HHS), Health Care Providers

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InterConnect - Summer 2016

On April 6, 2016, the Food and Drug Administration (FDA) published its Final Rule on the Sanitary Transportation of Human and Animal Food (the Final Rule). These long-awaited regulations were mandated by the Food Safety… more

Bankruptcy Preferences, Commercial Bankruptcy, Commercial Truck Drivers, Exemptions, Final Rules

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Justices Must Apply Law Evenly In Shadow Docket Rulings

In recent months, the country has seen the rise of the so-called shadow docket. For the uninitiated, this refers to a series of decisions from the U.S. Supreme Court reaching a significant ruling, often on a controversial issue,… more

Abortion, Injunctive Relief, National Federation of Independent Business v Department of Labor and OSHA, Roman Catholic Diocese of Brooklyn New York v. Cuomo, SCOTUS

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Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and Accountability… more

Annual Reports, Compliance, Data Breach, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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Significant Restrictions on Texas Healthcare Non-Competes Signed into Law

On June 20, 2025, Texas Governor Greg Abbott signed into law Senate Bill 1318 (SB 1318), enacting sweeping new restrictions on non-compete agreements applicable to physicians and, for the first time, extending similar… more

Dentists, Employment Contract, Former Employee, Governor Abbott, Health Care Providers

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Amid Backlash, Walmart Joins Trend of Truncating Diversity, Equity, and Inclusion Initiatives

Once known for its catchy commercials about rolling back prices, Walmart—America’s largest private employer—is rolling back something else: its diversity, equity, and inclusion (DEI) initiatives. The retail giant’s announcement… more

Corporate Governance, Diversity, Diversity and Inclusion Standards (D&I), Human Rights, Publicly-Traded Companies

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Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by… more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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Compliance and Self-Disclosure of Misconduct Must be Top Priorities for Corporate Organizations, According to New Guidance from the Department of Justice

On May 12, 2025, Assistant Attorney General Matthew R. Galeotti, head of the U.S. Department of Justice’s Criminal Division, issued a new policy memorandum entitled “Focus, Fairness, and Efficiency in the Fight Against… more

Compliance, Corporate Misconduct, Department of Justice (DOJ), Enforcement Priorities, Foreign Corrupt Practices Act (FCPA)

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Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to… more

Anticompetitive Behavior, Appellate Courts, Arbitration, Arbitration Agreements, Class Action

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Cannabis Industry Quarterly Update: Q2 2025

The Trump administration’s 2025 drug policy agenda omits cannabis rescheduling, despite earlier signals of support, instead prioritizing fentanyl, border security, and addiction treatment. This omission, coupled with a stalled… more

Biden Administration, Cannabis Products, DEA, Department of Justice (DOJ), Legislative Agendas

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Benesch Law Ops - December 2017

Almost a dozen years ago, Benesch developed a formal client assessment program. Firm leadership believes this program is essential to our success in servicing our clients. The program includes a visit by the Chairman of the Firm… more

Business Development, Client Services, Law Practice Management

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Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered… more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

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Dental/DSO Intelligence Monthly Report: July 2025

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those outside… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Corporate Practice of Dentistry, Data Management, Data Privacy

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EEOC Shakeups Under the Trump Administration Targeting Gender Identity, Abortion Accommodations, and AI Bias

The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is… more

Abortion, Artificial Intelligence, Bias, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Ohio Senate Bill Seeks To Ban Non-Competes

A new bipartisan bill has been introduced in the Ohio Senate that would ban employers from entering into non-competes with Ohio workers, a dramatic change in tone from the state’s current stance on non-compete agreements… more

Employee Rights, Employment Contract, Independent Contractors, Non-Compete Agreements, Proposed Legislation

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Supreme Court Requires Jury in SEC Enforcement Proceedings

Case could signal broad jury rights for defendants in administrative enforcement actions. The Supreme Court struck a major blow to Securities and Exchange Commission enforcement proceedings Thursday, ruling that the Seventh… more

Enforcement Actions, Enforcement Authority, Government Agencies, Jury Trial, SCOTUS

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ChatGPT Generates More than Data Outputs; Data Security and Privacy Concerns Grow as Artificial Intelligence Technology Rapidly Advances

One of the primary concerns surrounding ChatGPT and AI is the security of the data used to train and operate these machines and the potential privacy implications if the data is mishandled or intercepted by malicious actors… more

Algorithms, Artificial Intelligence, Data Privacy, Data Protection, Data Security

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2024: Another Big Year for Cannabis in Ohio and Beyond

2023 was a big year for cannabis and Ohio continues to be center stage for cannabis as the state looks to shape the future of its adult-use recreational cannabis program. With Issue 2 passing in November, Ohio became the latest… more

Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances, Decriminalization of Marijuana, Dispensaries

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DOL and Treasury Provide Relief from Certain ERISA Deadlines for Benefit Plans and Participants

On April 29, 2020, the Department of Labor and the Department of the Treasury (“Treasury”) issued guidance providing relief for employee benefit plans in the context of the COVID-19 pandemic. The guidance includes the Employee… more

Benefit Plan Sponsors, COBRA, Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits

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Delaware Amends DGCL Section 144 to Add Safe Harbors for Interested and Controlling Stockholder Transactions

On March 25, 2025, the governor of Delaware signed into law significant changes to Section 144 of the Delaware General Corporation Law (“DGCL”). The changes provide safe harbors to Boards of Directors and controlling… more

Acquisitions, Amended Legislation, Board of Directors, Controlling Stockholders, Corporate Governance

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Executive Order Combats Race and Sex Stereotyping

On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that… more

Bias, Civil Rights Act, Colleges, Deregulation, Diversity

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Construction Activities Exempt from Ohio’s “Stay At Home” Order - But Use Common Sense

The Director of the Ohio Department of Health issued a “Stay at Home” Order on Sunday, March 22, 2020. While that Order mandates that Ohio residents stay home and that non-essential businesses and operations cease, it contains a… more

Business Closures, Construction Industry, Construction Project, Coronavirus/COVID-19, Critical Infrastructure Sectors

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Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for… more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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Trump Tariffs Permanent Injunction - What it Means and What to Expect

On May 28th, 2025, the Court of International Trade issued a judgment striking down several of the worldwide tariffs imposed by President Trump in the first and second quarters of 2025… more

Appeals, Canada, China, Constitutional Challenges, Court of International Trade

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Final Approval of House Settlement Clears a Path for NCAA Institutions to Pay Student-Athletes Directly

On June 6, 2025, U.S. District Court Judge Claudia Wilken issued a long-awaited final approval of a $2.8 billion settlement in the blockbuster House v. NCAA antitrust case that paves the way for direct sharing of revenue between… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Name and Likeness

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Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for… more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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California Senate Bill 1103

California Senate Bill 1103 ("SB 1103") takes effect January 1, 2025 and will impact leases, amendments, and other lease modifications with respect to commercial property in California. In an effort to provide additional… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Effective Date

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Ohio Enacts Mini-WARN Statute

The Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”) requires covered employers to provide 60 days’ notice to employees in the event of a “plant closing” or “mass layoff.” Some states also have “mini-WARN”… more

Business Closures, Employer Responsibilities, Layoffs, Mini-Warn Acts, New Legislation

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Corporate Transparency Act Imposes New Federal Reporting Requirements on Small Businesses

With its effective date on the horizon, many businesses will now need to file reports with the U.S. Dept of Treasury FinCEN division under the new Corporate Transparency Act. This Act, which is part of Congress’ Anti-Money… more

Anti-Money Laundering, Beneficial Owner, Compliance, Corporate Transparency Act, Disclosure Requirements

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AI and IP: Leveraging Opportunities for Your Business

Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to enhance… more

Artificial Intelligence, Authors, Authorship, Best Practices, Copyright

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Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a… more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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DHS Issues EAD Revocation Guidance for E-Verify Employers

On June 20, 2025, the Department of Homeland Security (“DHS”) issued an Employment Authorization Document (“EAD”) revocation guidance for E-Verify employers. The guidance put E-Verify employers on notice that they have access to… more

Department of Homeland Security (DHS), E-Verify, Employees, Employment Authorization Documents (EAD), Enforcement Actions

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SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson… more

Appeals, Chevron Deference, Corporate Counsel, FCC, Hobbs Act

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Regulatory Update for Marine Terminal Operators

Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic… more

Federal Maritime Commission, Maritime Transport, Ocean Transportation System, Ports, Regulatory Oversight

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Point of Sale Newsletter - Q2 2020

Regulators are continuing to pursue enforcement action against misrepresentations that are connected to the COVID-19 pandemic. The FTC has received 71,841 fraud reports from January 1 to July 21, where total fraud loss was… more

Business Interruption, Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Fraud

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#ClassAction: Influencer Marketing Class Actions are Trending

Class actions alleging deceptive influencer marketing practices are going viral. These new lawsuits, naming both companies and affiliated influencers as defendants, mark the advent of a new era of enforcement in the influencer… more

Advertising, Class Action, Consumer Protection Laws, Disclosure Requirements, Endorsements

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AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI… more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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DOJ and HHS Launch Joint False Claims Act Working Group: Heightened Enforcement Risk Ahead for Healthcare and Government-Funded Entities

The U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) have formed a new False Claims Act (FCA) Working Group, according to a joint announcement issued by DOJ on July 2, 2025… more

Department of Health and Human Services (HHS), Department of Justice (DOJ), Durable Medical Equipment, Enforcement Actions, Enforcement Priorities

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AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI… more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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AI Reporter - August 2025

The United States Senate’s 99-1 vote to lift a 10-year ban on state-level AI regulation marked a major shift in tech policy, challenging efforts by companies like OpenAI and Google to maintain uniform federal oversight. The… more

Artificial Intelligence, Data Security, Deep Fake, Ethics, FCC

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Duty-Free Customs De Minimis Erosion - Executive Order and Big Beautiful Bill Impacts

This bulletin was originally published on July 11, 2025. It has been updated to reflect changes from an Executive Order published by the White House on July 30, 2025, titled "Suspending Duty-Free De Minimis Treatment for All… more

Customs, Customs and Border Protection, De Minimus Doctrine, Duty Free, Enforcement Actions

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Unprecedented Chicago Paid Leave and Paid Sick and Safe Leave Law Delayed to July 1, 2024

When the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”) on November 9, 2023, Chicago-based employers had mere weeks to adjust their leave policies to ensure compliance… more

City of Chicago, Employer Liability Issues, Local Ordinance, Paid Leave, Sick Leave

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Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade Secrets

After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or… more

Confidential Information, Corporate Misconduct, Damages, Injunctive Relief, Intellectual Property Litigation

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Dental/DSO Intelligence Monthly Report: July 2025

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those outside… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Corporate Practice of Dentistry, Data Management, Data Privacy

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Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal… more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

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U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of… more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

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AI Reporter - March 2025

Google removed its organizational ban on the use of AI for weapons and surveillance systems. The change eliminates key portions of the tech giant’s AI Principles that banned such uses. These principles, established in 2018, had… more

Artificial Intelligence, Compliance, Copyright, Data Privacy, Department of Defense (DOD)

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Connecticut Attorney General Issues $85,000 Penalty for Deficient Privacy Policies

In its first fine for violations of the Connecticut Data Privacy Act (“CDPA”), the state's omnibus data privacy law, the Connecticut Attorney General (“CT AG”) chose to make an example of deficient privacy notices… more

Consumer Privacy Rights, Data Privacy, Enforcement Actions, Notice Requirements, Penalties

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What the Future May Hold for Crypto Asset Litigation and Regulation

The Trump Administration has espoused—both on the campaign trail and in recent administrative actions—a strong interest in deregulating cryptocurrency laws and advancing the United States itself as a player in the cryptocurrency… more

Blockchain, Cryptoassets, Deregulation, Digital Assets, Howey

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President Donald Trump Issues Slew of Executive Orders During First Week in Office

Shortly after being sworn in as the 47th President of the United States, Donald Trump signed more Executive Orders on his first day in office than any other president in history. The wide-ranging Orders effectuate many of the… more

Affirmative Action, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies

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Investing in the Performance Materials & Plastics Industry Conference Thought Leader Wrap-Up

The 2025 conference gathered industry experts to discuss trends shaping the performance materials and plastics sector. Key themes included the growing role of automation and AI in addressing workforce challenges, the application… more

Artificial Intelligence, Automation Systems, Best Practices, Corporate Governance, Machine Learning

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Curver reaffirms Alice Analogue for Design Patents

In Curver Luxembourg, SARL v. Home Expressions Inc. (No. 2018-2214, Fed. Cir. Sept. 12, 2019), the Federal Circuit affirmed the dismissal of a design patent infringement suit that alleged infringement of U.S. Des. Pat. No… more

CLS Bank v Alice Corp, Design Patent, Dismissals, Federal Rule 12(b)(6), Motion to Dismiss

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Earnout Held to Violate NY Fee Splitting Prohibition

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health care… more

Acquisitions, Appeals, Asset Purchase Agreements, Breach of Contract, Buyers

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CMS Proposes Overhaul of Skin Substitute Reimbursement Policy Beginning January 2026 - Implications for Providers, Manufacturers, and Payers in Both Outpatient and Physician Office Settings

On July 16, 2025, the U.S. Department of Health and Human Services’ (HHS) Centers for Medicare & Medicaid Services (CMS) published its CY 2026 Medicare Physician Fee Schedule (PFS) Proposed Rule, which includes a sweeping… more

Biologics, Centers for Medicare & Medicaid Services (CMS), Comment Period, Food and Drug Administration (FDA), Health Care Providers

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Public Dollars, Private Discrimination: Protecting LGBT Students from School Voucher Discrimination

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions… more

Admissions, Discrimination, Equal Protection, LGBTQ, Private Schools

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Time to RE-act: The Washington Supreme Court’s New Email Subject Line Ruling Could Put Retailers on the Hook for Trillions

On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),… more

Class Action, Commercial Electronic Messages, Consumer Protection Laws, Email, False Advertising

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SEC Adopts New Rules For Private Fund Advisers

On August 23, 2023, the Securities and Exchange Commission (“SEC”) formally adopted new rules and amendments (collectively, the “Final Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that… more

Compliance, Final Rules, Investment Adviser, Investment Advisers Act of 1940, Private Equity

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Landmarks Newsletter - Summer 2018

Don’t believe everything you read about retail commercial real estate (Retail CRE). If you just looked at the headlines, then you would see that, since reaching a peak of 146.51 on July 25, 2016, the Dow Jones U.S. Retail REIT… more

Blockchain, Brick-and-Mortar Stores, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Glossary of Transportation Law Terms

Highly regulated operational sectors often have bountiful, and sometimes conflicting, defined terms that make all the difference in legal matters. The domestic and international transportation and logistics sector is no… more

Aviation Industry, Customs and Border Protection, Department of Transportation (DOT), Transportation Industry

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Health & Human Services Releases Final Rule for Opioid Treatment Programs

The U.S. Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Service Administration (“SAMHSA”) published a final rule on Feb. 2, 2024, that cemented significant Pandemic-era flexibilities… more

Department of Health and Human Services (HHS), Final Rules, Opioid, Pharmaceutical Industry, Prescription Drugs

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Dialysis & Nephrology Digest - December 2023

Fresenius continues business consolidation with sale of fertility business for $545M - A consortium consisting of KKR portfolio company IVI RMA and Spanish PE firm GED Capital agreed to pay €500 million for Eugin Group,… more

Business Development, Department of Health and Human Services (HHS), Health Care Providers, Hospitals, Physicians

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Governor DeWine’s Executive Order Recommends 90 Day Protections for Tenants and Borrowers

On April 1, 2020, Governor Mike DeWine of Ohio issued Executive Order 2020-08D titled “Commercial Evictions and Foreclosures” (the “Order”) that applies to commercial landlords and lenders. Summary of the Order - As a… more

Commercial Leases, Eviction, Executive Orders, Financial Services Industry, Foreclosure

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Illinois Update - Gov. Pritzker Extends Protection to Health Care Facilities, Professionals and Volunteers

On April 1, 2020, Illinois Governor J.B. Pritzker issued an Executive Order 2020-19 (“EO”), granting “health care facilities” and "health care professionals" under the Illinois Emergency Management Agency Act (IEMA) immunity… more

Coronavirus/COVID-19, Executive Orders, Governor Pritzker, Health Care Providers, Immunity

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Protect Your Business As You Combat COVID-19 - Liability Immunity Under the PREP Act

In times of crisis, Americans give. They create. They innovate. And, most importantly, they help their neighbors. The COVID-19 pandemic will unleash the full strength of American ingenuity as we mobilize to find, develop,… more

Coronavirus/COVID-19, Countermeasures, Covered Entities, Emergency Response, Immunity

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NLRB Overturns Two Major Trump-Era Precedents

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in Wendt… more

Collective Bargaining, Contract Negotiations, NLRA, NLRB, NLRB General Counsel

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Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action is… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Discovery Rule

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InterConnect - Winter 2017

As any mergers and acquisitions (M&A) practitioner knows, one of the keys to a successful transaction is ensuring that all of the moving pieces come together smoothly at the appointed time for closing. Regulatory issues… more

Acquisitions, Administrative Appointments, Contract Interpretation, FMCSA, Mergers

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Dental/DSO Intelligence Monthly Report: July 2025

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those outside… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Corporate Practice of Dentistry, Data Management, Data Privacy

See all updates »

InterConnect Newsletter - Q3 2024

We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many… more

Air Cargo, Audits, Brokers, Department of Transportation (DOT), Federal Contractors

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Dental/DSO Intelligence Monthly Report: July 2025

As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those outside… more

Americans with Disabilities Act (ADA), Artificial Intelligence, Corporate Practice of Dentistry, Data Management, Data Privacy

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InterConnect Newsletter - Q2 2025

The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle… more

Brokers, China, Commercial Truck Drivers, Common Carriers, FMCSA

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Water Carrier Statutes and Regulations - FMCSA Says "Goodbye" Through Regulatory Reforms

Water carriers have a moment of clarity on the horizon. An area of conflict between legal jurisdiction and technical obligations is being settled through Trump Administration regulatory reforms… more

Deregulation, FMCSA, Government Agencies, Inland Waterways, Interstate Commerce

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IRPA Claims - A Troubling New Trend?

In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq… more

Biometric Information Privacy Act, Class Action, Commercial Use, Intellectual Property Protection, Name and Likeness

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AI Reporter - September 2024

There has been a seismic shift in the relationship between Big Tech’s AI power couple, Microsoft and OpenAI. The former listed the AI pioneer as a competitor in its annual report, perhaps signaling a less friendly dynamic… more

Apple, Artificial Intelligence, Artists, Banking Sector, Copyright

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What’s in an “or”? Recent Supreme Court Decision Broadens the Scope of Specific Personal Jurisdiction, Narrowing Defendants’ Options When Sued Out of State

In a much-anticipated decision issued on March 25, 2021, the United States Supreme Court tackled when companies can be sued outside their “home” state.  Ford Motor Co. v. Montana Eight Judicial District Court, 592 U.S. ___… more

Automotive Industry, Causation, Ford Motor, Ford Motor Co. v Montana Eighth Judicial District Court, Jurisdiction

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Off-Cycle Medicare Revalidations for SNFs – Deadline Extended Again to January 1, 2026

On July 17, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced via a Medicare Learning Network (“MLN”) update that the deadline for submission of mandatory off-cycle Medicare revalidations (“Revalidation(s)”)… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Healthcare, Long Term Care Facilities, Medicare

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Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their companies… more

Commerce Clause, Contract Terms, Delivery Drivers, FMCSA, Interstate Commerce

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Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring, and Practical Considerations

The real estate joint venture (JV) is an investment vehicle that marries investment or development competence on one hand with capital on the other to invest in a real estate platform. The investment or development competence is… more

Buy-Sell Agreements, Choice of Entity, Contract Terms, Joint Venture, Limited Partnerships

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California Senate Bill 1103

California Senate Bill 1103 ("SB 1103") takes effect January 1, 2025 and will impact leases, amendments, and other lease modifications with respect to commercial property in California. In an effort to provide additional… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Effective Date

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China’s New Export Control Law: A Fact Sheet With Practical Applications

On October 17, 2020, the Export Control Law of the People’s Republic of China (“EC Law”) was finally promulgated after three rounds of deliberation by the 13th National People’s Congress. The new EC Law will take effect on… more

China, Criminal Penalties, Export Controls, Exports, Supply Chain

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OCR Proposes Modification to HIPAA Security Rule

In late December 2024, the Office of Civil Rights at the U.S. Department of Health and Human Services (“OCR”) issued a notice of proposed rulemaking to modify the Security Standards to the Protection of Electronic Protected… more

Compliance, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Michigan Joins the List of States Requiring Employers to Provide Paid Time Off

Under the amended Michigan Earned Sick Time Act (“ESTA”), Michigan employees will now accrue 1 hour of paid sick time for every 30 hours worked. ESTA was effective February 21, 2025, for employers with 10 or more employees… more

Amended Legislation, Corporate Counsel, Employee Benefits, Paid Leave, Regulatory Requirements

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Texas Joins Growing State-by-State AI Regulation in Enacting Comprehensive AI System Law

The broad applicability of Texas’s comprehensive artificial intelligence legislation and upcoming effective date will require developers and deployers of AI systems to act quickly in ensuring compliance… more

AI Act, Artificial Intelligence, Consumer Privacy Rights, Covered Entities, Disclosure Requirements

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Staying Ahead of the Curve: Adapting to Evolving Cyber Regulatory Enforcement

As calls for executive accountability for cybersecurity intensify, it is essential for companies to scrutinize the adequacy of ephemeral messengers, such as Signal, WhatsApp, WeChat, and Snapchat, in light of both present and… more

Compliance, Cybersecurity, Data Privacy, Data Retention, Data Security

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Breaking: FMCSA Extends Comment Period for “Transparency in Property Broker Transactions” Notice of Proposed Rulemaking

On February 18, 2025, the Federal Motor Carrier Safety Administration (“FMCSA”) granted a request to reopen the comment period for its Broker Transparency Notice of Proposed Rulemaking (“NPRM”) originally published at 89 FR… more

Brokers, Comment Period, FMCSA, Notice of Proposed Rulemaking (NOPR), Proposed Amendments

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First Circuit Declines to Enforce California’s Out-of-State Noncompete Ban

On September 26, 2024, a Boston-based federal appeals court refused to extend California’s sweeping noncompete ban to agreements that were signed outside the state and governed by another state’s law… more

Business & Professions Code, Choice-of-Law, Contract Terms, Employment Contract, Employment Litigation

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InterConnect Newsletter - Summer 2017

The removal of CSA scores from public view may not eliminate the ability for an injured party to sue based on the negligent selection of a motor carrier, but it changes the analysis. The FMCSA still allows public access to… more

Data Protection, Freight Forwarding, Independent Contractors, Motor Carriers, Supply Chain

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ESG in 2021 – The Role of Board Oversight of Corporate Political Spending

Environmental, social and governance (or ESG) issues have been hot topics and buzzwords in corporate governance for well over a decade and these issues have increasingly grabbed the attention of corporations and their boards of… more

Board of Directors, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG), Institutional Investors

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English Language Enforcement - Changes coming to FMCSA rules for truck drivers

President Trump’s recent Executive Order (EO) on “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” raised questions across the trucking industry and in the media. Many were left wondering whether there has… more

Commercial Truck Drivers, Department of Transportation (DOT), Enforcement, Executive Orders, FMCSA

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Final-Mile Delivery and Nature of Commerce - The Most Important Legal Question Providers Struggle to Answer

The growth of final-mile package deliveries, especially to residential delivery following the global pandemic, raises important legal questions about the transportation service performed by delivery drivers and their companies… more

Commerce Clause, Contract Terms, Delivery Drivers, FMCSA, Interstate Commerce

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House Bill 194: Curbing Baseless Patent Infringement Claims

House Bill 194 was introduced on May 11, 2015, by primary sponsor Representative Kristina Roegner (R), Ohio House District 37. As introduced, the new bill will prohibit persons from engaging in the widespread sending of bad… more

Frivolous Lawsuits, Patent Infringement, Patents, Pending Legislation

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Domestic BOI Reporting Requirements Ended; Foreign Companies Must Still Report

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) under the Corporate… more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, FinCEN, Foreign Corporations

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Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news is… more

EU, European Patent Convention, European Patent Office, European Union Intellectual Property Office (EUIPO), European Union Trade Mark (EUTM)

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Ohio Enacts Mini-WARN Statute

The Worker Adjustment and Retraining Notification Act of 1988 (“WARN Act”) requires covered employers to provide 60 days’ notice to employees in the event of a “plant closing” or “mass layoff.” Some states also have “mini-WARN”… more

Business Closures, Employer Responsibilities, Layoffs, Mini-Warn Acts, New Legislation

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CMS’s CY 2026 Fee Schedule Proposal: MSSP Reforms Take Center Stage in Push Toward Value

On July 14, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released the proposed rule for the Calendar Year (“CY”) 2026 Medicare Physician Fee Schedule (“PFS”), formally titled CMS-1832-P… more

ACOs, Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

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Developing a smart corporate AI policy

The Artificial Intelligence revolution is here to stay, and so is the need for establishing a corporate policy on the use of AI in the workplace. For business leaders, there are a range of considerations to address when crafting… more

Artificial Intelligence, Corporate Governance, Innovative Technology, Machine Learning, Policy Drafting

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AI Reporter - July 2024

The AI sector continues to experience regulatory growing pains. Tech companies are struggling to comply with the EU’s new AI laws, which require more transparency in their model training. Meta, in particular, had to halt its AI… more

Analytics, Artificial Intelligence, Big Tech, Consumer Financial Protection Bureau (CFPB), Copyright Infringement

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InterConnect Newsletter - Q2 2025

The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle… more

Brokers, China, Commercial Truck Drivers, Common Carriers, FMCSA

See all updates »

Superfund Defense That The Government Hopes You Don't Know About - Part 3

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), also known as the Superfund law, imposes strict, joint and several, and retroactive liability.  Over time, many companies and their legal… more

CERCLA, Contaminated Properties, Defense Strategies, Hazardous Waste, NPDES

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Final Approval of House Settlement Clears a Path for NCAA Institutions to Pay Student-Athletes Directly

On June 6, 2025, U.S. District Court Judge Claudia Wilken issued a long-awaited final approval of a $2.8 billion settlement in the blockbuster House v. NCAA antitrust case that paves the way for direct sharing of revenue between… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Name and Likeness

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InterConnect Newsletter - Fall 2022

The growing prevalence of supply chain sustainability and related environmental, social, and governance (ESG) principles signals a shift requiring attention. Despite some vocal holdouts across the supply chain, the speed of ESG… more

Climate Change, Connected Cars, Corporate Governance, Customs and Border Protection, Cybersecurity

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Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other… more

Chevron Deference, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Hoisted by Your Own (Pet)Arb Clause? New Developments in Mass Arbitration

For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into… more

Amazon, American Arbitration Association, Arbitration, Arbitration Agreements, AT&T Mobility

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U.S. Private Equity: 2021 Market Outlook

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of… more

Coronavirus/COVID-19, Economic Downturn, Fund Sponsors, Investment Opportunities, Investors

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Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for… more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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DHS Issues EAD Revocation Guidance for E-Verify Employers

On June 20, 2025, the Department of Homeland Security (“DHS”) issued an Employment Authorization Document (“EAD”) revocation guidance for E-Verify employers. The guidance put E-Verify employers on notice that they have access to… more

Department of Homeland Security (DHS), E-Verify, Employees, Employment Authorization Documents (EAD), Enforcement Actions

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Off-Cycle Medicare Revalidations for SNFs – Deadline Extended Again to January 1, 2026

On July 17, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced via a Medicare Learning Network (“MLN”) update that the deadline for submission of mandatory off-cycle Medicare revalidations (“Revalidation(s)”)… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Healthcare, Long Term Care Facilities, Medicare

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Off-Cycle Medicare Revalidations for SNFs – Deadline Extended Again to January 1, 2026

On July 17, 2025, the Centers for Medicare and Medicaid Services (“CMS”) announced via a Medicare Learning Network (“MLN”) update that the deadline for submission of mandatory off-cycle Medicare revalidations (“Revalidation(s)”)… more

Centers for Medicare & Medicaid Services (CMS), Filing Deadlines, Healthcare, Long Term Care Facilities, Medicare

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Vermont Passes New Privacy Law Providing Safety Measures for Children Online

Vermont’s new “Kids Code” hopes to improve children’s safety online by regulating the privacy, design, and data use of certain entities providing online services and collecting data about minors… more

California Consumer Privacy Act (CCPA), COPPA, Data Privacy, Duty of Care, General Data Protection Regulation (GDPR)

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Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the allegation… more

Artificial Intelligence, Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection

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Navigating Financial Distress Caused By The Coronavirus Pandemic

The COVID-19 pandemic has begun to have an almost crippling effect on the short-term operations of virtually all commercial businesses of any size, as well as their long-term viability. Even businesses classified as… more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Debt Restructuring

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US Supreme Court Clarifies That FLSA Worker Exemption Disputes Should Be Determined on a Preponderance-of-the-Evidence Evidentiary Standard

On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act (FLSA)… more

Appeals, Employer Liability Issues, Employment Litigation, Evidentiary Standards, Exempt-Employees

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2022 Data Protection & Privacy Check List

Beginning in January 2023, three new state privacy laws (and their applicable regulations) come into effect. Additionally, several other countries have taken steps to implement or shore up their own privacy and data protection… more

Compliance, Consumer Privacy Rights, Data Privacy, Data Protection, Privacy Laws

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AI Reporter - August 2025

The United States Senate’s 99-1 vote to lift a 10-year ban on state-level AI regulation marked a major shift in tech policy, challenging efforts by companies like OpenAI and Google to maintain uniform federal oversight. The… more

Artificial Intelligence, Data Security, Deep Fake, Ethics, FCC

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Supreme Court Overturns Apple’s $399 Million Design Patent Damage Award

For the first time in a century, the United States Supreme Court took up a design patent case. The question before the Court was are all of Samsung’s infringing smartphone profits a proper basis for damages or just some portion?… more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Reversal

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InterConnect Newsletter - Fall 2020

One effect of the COVID-19 pandemic is the renewed need for transportation providers to consider strengthening operating platforms by expanding into new markets, integrating new offerings or adjacent services, or growing the… more

Acquisitions, Bureau of Industry and Security (BIS), Compliance, Contract Terms, Coronavirus/COVID-19

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Eighth Circuit Cancels FTC’s “Click-to-Cancel” Rule

On July 8, the United States Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Negative Option Rule, also referred to as the “Click-to-Cancel” rule (the “Rule”), determining that the FTC sidestepped… more

Administrative Procedure Act, Appeals, Cancellation Rights, Consumer Protection Laws, Disclosure Requirements

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How Will CMS’ Interim Final Rule Implementing COVID-19 Vaccine Mandate impact Medicare and Medicaid Providers and Suppliers?

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) released an interim final rule that will require all healthcare workers of certain Medicare and Medicaid certified providers and suppliers (as listed… more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Interim Final Rules (IFR)

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White Collar Quarterly Report - August 2024

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases. ..The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate… more

Bribery, College Athletes, Colleges, Compliance, Corruption

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“Stay Awhile”: Supreme Court Tells District Courts Not to Dismiss Claims Pending Arbitration

In Smith v. Spizzirri, the Supreme Court unanimously held that federal district courts lack the power to dismiss a case sent to arbitration. Instead, under the Federal Arbitration Act, if a party moves to compel arbitration and… more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, Mandatory Arbitration

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President Trump’s Executive Order “Unleashing American Energy” Takes Aim at Previous Administration’s Electric Vehicle and Emissions Policies

Within hours of his inauguration, President Donald Trump signed an Executive Order titled “Unleashing American Energy.” This Executive Order contained several provisions that significantly shift current policies and regulations… more

CARB, Climate Change, Critical Infrastructure Sectors, Electric Vehicles, Energy Sector

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Final Approval of House Settlement Clears a Path for NCAA Institutions to Pay Student-Athletes Directly

On June 6, 2025, U.S. District Court Judge Claudia Wilken issued a long-awaited final approval of a $2.8 billion settlement in the blockbuster House v. NCAA antitrust case that paves the way for direct sharing of revenue between… more

Antitrust Litigation, College Athletes, Colleges, Compensation, Name and Likeness

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Post Loper Bright, Courts Differ on How to Handle Skidmore

For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes… more

Administrative Agencies, Administrative Interpretation, Administrative Procedure Act, Appellate Courts, Chevron Deference

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FERC Commissioner McNamee to Step Down

Commissioner Bernard McNamee, of the Federal Energy Regulatory Commission (“FERC”), has announced that he will officially relinquish his position on September 4, 2020.  Background - FERC is the agency that regulates the… more

Administrative Appointments, Administrative Resignation, Energy Sector, FERC, Quorum

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Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by… more

American Dental Association (ADA), Business Development, Corporate Practice of Dentistry, Dental Practice, Dentists

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2024 Outlook: Behavioral Health Trends

Healthcare systems are facing significant challenges in recruiting and retaining talent within the burgeoning field of behavioral health services, primarily due to competition from telehealth providers and inconsistent… more

Artificial Intelligence, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Controlled Substances, Coronavirus/COVID-19

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Pricing Litigation: Ten Years In

Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is proud… more

Advertising, Antitrust Provisions, Arbitration, Class Action, Coronavirus/COVID-19

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Domestic BOI Reporting Requirements Ended; Foreign Companies Must Still Report

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule removing the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) under the Corporate… more

Beneficial Owner, Corporate Transparency Act, Domestic Corporations, FinCEN, Foreign Corporations

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Post-Dobbs Update: What Every Employer Needs to Know Now - Presentation

Dobbs v. Jackson Women's Health Organization - ..6-3 decision: Justice Alito wrote the majority opinion, with separate concurrences from Justices Thomas, Kavanaugh, and Roberts, and dissent by Justices Breyer, Sotomayor, and… more

Abortion, Discrimination, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes… more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Constitutional Challenges, DaimlerChrysler v Bauman, Due Process, General Jurisdiction

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Landmarks - Spring 2017

There continues to be very strong demand for high-quality commercial real estate. From 2011–2015, the volume of commercial real estate transactions nationally grew at an annualized rate well in excess of 10%, and projections for… more

Charitable Donations, Commercial Real Estate Market, Economic Development, Real Estate Development, Real Estate Investments

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Federal Net Neutrality Reinstatement Denied by Court of Appeals; State-Level Laws Remain in Place

The Net Neutrality rules aimed to protect open, free, and fast Internet for all, while opponents questioned federal agency authority and worried the rules stymied investment and innovation… more

Appeals, Chevron Deference, Common Carriers, FCC, Loper Bright Enterprises v Raimondo

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FTC Ride-Hail Lawsuit Shows Renewed Interest in Subscriptions

Notwithstanding significant changes at the Federal Trade Commission (FTC) – including the removal of two of the five Commissioners, and the new appointment of Commissioner Mark Meador – the Commission has sent a clear message… more

Advertising, Consent, Consumer Protection Laws, Disclosure Requirements, Enforcement Actions

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Connecticut Attorney General Issues $85,000 Penalty for Deficient Privacy Policies

In its first fine for violations of the Connecticut Data Privacy Act (“CDPA”), the state's omnibus data privacy law, the Connecticut Attorney General (“CT AG”) chose to make an example of deficient privacy notices… more

Consumer Privacy Rights, Data Privacy, Enforcement Actions, Notice Requirements, Penalties

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President Trump “Pauses” FCPA Enforcement: What This Means for Legal & Compliance Departments

On February 10, 2025, President Trump issued an Executive Order entitled Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security. The executive order comes just days after the… more

Anti-Corruption, Compliance, Department of Justice (DOJ), Enforcement Priorities, Executive Orders

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Ohio’s 2024 Lame Duck Session: Highlights and Missed Opportunities

The Ohio General Assembly operates on two-year terms, and when lawmakers adjourned around 2 a.m. on Dec. 19, any bill not on its way to Gov. Mike DeWine’s desk effectively died. This session saw contentious debates and… more

Broadband, Colleges, Death Penalty, Diversity, Education Reform

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FTC Announces Temporary Suspension of Early Terminations for HSR Filing Waiting Period; Reduced Filing Thresholds Go Into Effect on March 4

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) announced that both agencies will temporarily suspend the discretionary practice of early terminations of the Hart-Scott-Rodino Act (HSR) waiting period… more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Mergers, Premerger Notifications

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Duty-Free Customs De Minimis Erosion - Executive Order and Big Beautiful Bill Impacts

This bulletin was originally published on July 11, 2025. It has been updated to reflect changes from an Executive Order published by the White House on July 30, 2025, titled "Suspending Duty-Free De Minimis Treatment for All… more

Customs, Customs and Border Protection, De Minimus Doctrine, Duty Free, Enforcement Actions

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Key Business Tax Provisions Included in the CARES Act

On March 27, 2020, President Trump signed into law a broad economic stimulus bill known as the Coronavirus Aid, Relief and Economic Security Act  (referred to herein as the “CARES Act” or the “Act”).   The CARES Act attempts… more

Business Taxes, CARES Act, Coronavirus/COVID-19, Corporate Taxes, IRS

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AI Reporter - March 2025

Google removed its organizational ban on the use of AI for weapons and surveillance systems. The change eliminates key portions of the tech giant’s AI Principles that banned such uses. These principles, established in 2018, had… more

Artificial Intelligence, Compliance, Copyright, Data Privacy, Department of Defense (DOD)

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What to Expect in 2024 at the Ohio Statehouse

While the campaigns for U.S. President, U.S. Senate, U.S. House, Ohio Supreme Court, and to a lesser extent the Ohio General Assembly will dominate media attention, we still anticipate activity at the Statehouse. Additionally,… more

Comment Period, Community Development, Congressional Committees, Executive Orders, Governor DeWine

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Insurance Coverage Issues in the Midst of COVID-19

The 2019 novel coronavirus (“COVID-19”) continues to disrupt everyday life and scientific experts and world leaders agree that there is no concrete end in sight. Policyholders are understandably concerned wondering if their… more

Business Interruption, Commercial General Liability Policies, Commercial Insurance Policies, Coronavirus/COVID-19, D&O Insurance

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Q2 - 2023: Data Privacy & Cybersecurity Quarterly Briefing

Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on Innovation,… more

Artificial Intelligence, Biometric Information, Congressional Committees, Congressional Investigations & Hearings, Cyber Attacks

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California Senate Bill 1103

California Senate Bill 1103 ("SB 1103") takes effect January 1, 2025 and will impact leases, amendments, and other lease modifications with respect to commercial property in California. In an effort to provide additional… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Contract Terms, Effective Date

See all updates »

Know Your Arbitration Clause: What Remains of State Arbitration Statutes under the Ever-Growing FAA

Arbitration is a prevalent method for dispute resolution, and most contracts include an arbitration clause. A recent Ohio Eighth District Court of Appeals decision emphasizes the importance of careful drafting and picking the… more

Arbitration, Contract Terms, Federal Arbitration Act

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DHS Issues EAD Revocation Guidance for E-Verify Employers

On June 20, 2025, the Department of Homeland Security (“DHS”) issued an Employment Authorization Document (“EAD”) revocation guidance for E-Verify employers. The guidance put E-Verify employers on notice that they have access to… more

Department of Homeland Security (DHS), E-Verify, Employees, Employment Authorization Documents (EAD), Enforcement Actions

See all updates »

What the Future May Hold for Crypto Asset Litigation and Regulation

The Trump Administration has espoused—both on the campaign trail and in recent administrative actions—a strong interest in deregulating cryptocurrency laws and advancing the United States itself as a player in the cryptocurrency… more

Blockchain, Cryptoassets, Deregulation, Digital Assets, Howey

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Staying Ahead of the Curve: Adapting to Evolving Cyber Regulatory Enforcement

As calls for executive accountability for cybersecurity intensify, it is essential for companies to scrutinize the adequacy of ephemeral messengers, such as Signal, WhatsApp, WeChat, and Snapchat, in light of both present and… more

Compliance, Cybersecurity, Data Privacy, Data Retention, Data Security

See all updates »

OSHA to Increase Inspections in the Warehousing, Transportation and Healthcare Industries

The Occupational Safety and Health Administration (OSHA) recently updated the industries it will focus on, increasing the likelihood of on-site inspections for employers in the warehousing, transportation, and healthcare… more

Corporate Counsel, Employer Responsibilities, Enforcement Priorities, Healthcare Facilities, New Guidance

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Major Changes to Pennsylvania’s Contractor and Subcontract Payment Act

Pennsylvania’s amended Contractor and Subcontractor Payment Act (“CASPA”), 73 P.S. § 501 et seq., took effect October 10, 2018 and governs all contracts, subcontracts and purchase orders on private, nonresidential jobs entered… more

Amended Regulation, CASPA, Construction Contracts, Construction Industry, Construction Project

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White Collar Quarterly Report | Q1 2024

We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue… more

Anti-Corruption, Biden Administration, Bribery, Compliance, Corporate Misconduct

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COVID-19: Developer Claims Toolbox

COVID-19: Two Sides of the Same Coin - Introduction - Globally, the construction industry is largely in the excuse business. And, especially with the advent of COVID-19, that business is booming. Progress of construction… more

Construction Contracts, Construction Industry, Construction Project, Coronavirus/COVID-19

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The Amended FRE 702: No Charlatans on the Stand

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it intended… more

Admissibility, Evidence, Federal Rules of Evidence, Litigation Strategies, Rule of Evidence 702

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Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No… more

Class Action, Consent, Data Collection, Data-Sharing, Disclosure Requirements

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Trump-Inspired One Big Beautiful Bill Passes U.S. House

This week, the U.S. House of Representatives narrowly passed the "One Big Beautiful Bill Act," a sweeping Republican-led legislative package that slashes taxes, boosts border and defense spending, rolls back clean energy… more

Clean Energy, Education Reform, Energy Policy, Environmental Policies, Renewable Energy

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Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for… more

Anti-Competitive, Antitrust Violations, Board of Directors, Competition, Department of Justice (DOJ)

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AI Reporter - February 2025

January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Data Collection

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InterConnect Newsletter - Q2 2025

The Federal Motor Carrier Safety Administration (FMCSA) issued an internal agency enforcement policy on May 20, 2025 (the Policy), outlining its approach to English language proficiency (ELP) for commercial motor vehicle… more

Brokers, China, Commercial Truck Drivers, Common Carriers, FMCSA

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Trump-Inspired One Big Beautiful Bill Passes U.S. House

This week, the U.S. House of Representatives narrowly passed the "One Big Beautiful Bill Act," a sweeping Republican-led legislative package that slashes taxes, boosts border and defense spending, rolls back clean energy… more

Clean Energy, Education Reform, Energy Policy, Environmental Policies, Renewable Energy

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